APPEAL from the Circuit Court of Carroll County; the Hon.
HAROLD D. NAGEL, Judge, presiding.
MR. JUSTICE NASH DELIVERED THE OPINION OF THE COURT:
Rehearing denied April 2, 1980.
After trial by jury defendant, Jerry Hubble, was convicted of the offense of intimidation (Ill. Rev. Stat. 1977, ch. 38, par. 12-6(a)(4)) and was thereafter sentenced to a two-year term of probation. Included as a condition of probation was a requirement defendant enter into a recognizance bond directed to the People of the State of Illinois in the sum of $1,000 pledging his appearance before the court at such times as the court may direct.
On review defendant contends: (1) that his conduct did not violate the intimidation statute; and (2) that the trial court was without authority to require a recognizance bond as a condition of probation.
Evidence was presented in trial that on November 3, 1977, defendant met his former wife, Anna Hubble, at a coffee shop in Savanna, Illinois, and threatened to bring charges against her of trespass, forgery and violation of his parental visitation rights unless she agreed not to testify against him in the forthcoming trial of an aggravated assault charge, in which she was the complainant. The assault charge was based upon the allegation he had pointed a shotgun at her; the threatened trespass and forgery charges were based upon allegations that Anna Hubble had entered defendant's residence to reclaim certain of her belongings and that she had also endorsed his name to an income tax refund check.
Essentially, defendant contends that his conduct in making the alleged threats to his former wife to induce her not to testify against him, even if true, would not constitute the offense of intimidation as he had lawful authority to bring criminal charges against her for those offenses. Put in another way, defendant argues that as there were actual criminal charges which he could bring against her he had a right to threaten such action without violating the statute.
Section 12-6(a) of the Criminal Code of 1961 provides as follows:
"(a) A person commits intimidation when, with intent to cause another to perform or omit the performance of any act, he communicates to another a threat to perform without lawful authority any of the following acts:
(1) Inflict physical harm on the person threatened or any other person or on property; or
(2) Subject any person to physical confinement or restraint; or
(3) Commit any criminal offense; or
(4) Accuse any person of an offense; or
(5) Expose any person to hatred, contempt or ridicule; or
(6) Take action as a public official against anyone or anything, or withhold official action, or cause ...